Kentucky Supreme Court candidate Joe Fischer sues to block possible campaign sanctions

Kentucky Supreme Court candidate Joe Fischer has filed a preemptive strike aimed at preventing the state Judicial Conduct Commission from taking any enforcement action against him over what has been criticized as an overtly partisan campaign.

In a lawsuit filed Tuesday in U.S. District Court in Covington, Fischer, a Republican from Fort Thomas, asks a federal judge to block the commission, which oversees judges and candidates for judicial office, from taking any action meant to limit his "protected speech" and also, block a possible formal complaint over his conduct in the campaign.

Fischer, a consistent foe of abortion during his 23 years as a legislator, sponsored the 2019 "trigger law" that brought an end to abortion in Kentucky once the U.S. Supreme Court struck down Roe v. Wade on June 24.

He is running against incumbent Justice Michelle Keller for Kentucky's 6th Supreme Court judicial district, 13 counties that stretch from Northern Kentucky to Oldham and Shelby counties.

It is one of three contested Supreme Court seats in the Nov. 8 general election.

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Fischer's campaign, in which he described himself as the "the conservative Republican" and has been endorsed by anti-abortion groups Kentucky Right to Life and Northern Kentucky Right to Life, has prompted complaints to the judicial commission, the lawsuit said.

The lawsuit, filed by Crestview Hills lawyer Christopher Wiest, argues that without intervention by a federal judge, the commission could take steps to limit Fischer's campaign speech now and in future races.

"If Mr. Fischer is not successful in his present campaign, he intends to run for judicial office again, and again engage in the same speech," the lawsuit said.

It said that while Fischer and his campaign "have not been shy about his Republican party affiliation," he has not claimed to be the the Republican nominee in the race nor has he made commitments on any issues including abortion.

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The lawsuit follows a Sept. 27 letter from the commission advising Fischer that two complaints have been filed against him over the conduct of his campaign for Supreme Court, including publicly identifying himself as a Republican in a nonpartisan race. The complaints also allege Fischer has made "pledges, promises or commitments in connection with cases, controversies or issues likely to come before the court − specifically on the issue of abortion."

It asks that Fischer voluntarily participate in an "informal conference" with the six-member commission on Oct. 28 to discuss the matter and also asks that Fischer provide a written reponse by Oct. 24. The letter, marked "personal and confidential," is filed along with the complaint in federal court.

Jimmy Shaffer, executive director of the judicial commission, said the agency is aware of the lawsuit but does not comment on litigation. She also declined to comment on the inquiry referenced in the letter.

Fischer did not immediately respond to a request for comment.

Fischer's campaign has already drawn outside scrutiny.

In August, the Kentucky Judicial Campaign Conduct Committee, an independent, nonpartisan group of citizens, lawyers, former judges and others, said Kentucky's judicial races, according to the state's constitution, are supposed to be nonpartisan.

While federal courts have found judicial candidates have a right to free speech and association, a majority of the committee believes Fischer "places too much emphasis on his partisan affiliation," the statement said.

Keller, his opponent, also has criticized the partisan nature of Fischer's campaign.

"I think you've got to question the qualifications and fitness of someone who completely ignores the rules of the organization that he's purporting to join," said Keller, a nine-year member of the Supreme Court and a judge for 16 years.

On his Facebook campaign page, Fischer says that "As your Supreme Court Justice, I will be committed to defending the rule of law, not radical activist politics." It includes photos of his appearance at a recent "Celebration of Life" event hosted by Northern Kentucky Right to Life.

"I've been attending these celebrations for more than 40 years but I've never seen this level of excitement in anticipation of an election that I do now," Fischer's post says.

One recent photo on the site shows a Fischer Supreme Court campaign sign with a "Choose Life" sign on top.

Meanwhile, a major case involving abortion is pending before the state Supreme Court on whether the state constitution provides a right to abortion. The court has scheduled a hearing on the matter Nov. 15, a week after voters will take up that issue through a vote on whether the constitution should contain such a right.

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Voters will be asked to decide on an amendment that would eliminate the right to abortion from the state's constitution. Fischer also is the author of the 2021 law creating the amendment and made his position clear when he testified about it last year before a legislative committee.

"Kentucky is one of the most pro-life states in the nation," he said. "We cannot afford to allow our state courts to invent a right to abortion and invalidate our state laws protecting unborn children."

Legal experts have said that if elected, Fischer would likely have to recuse himself on matters related to abortion.

Contact Deborah Yetter at dyetter@courier-journal.com. Find her on Twitter at @d_yetter.

This article originally appeared on Louisville Courier Journal: Kentucky Supreme Court hopeful Joe Fischer sues to block sanctions